Legislation -
Signed
(Executive)
-
Sept. 30, 2012

Vote Result

Yea Votes

Nay Votes

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that authorizes sentence reconsideration for certain juvenile offenders.

Highlights:

Authorizes a defendant, who was under 18 years of age when sentenced to life in prison without the possibility of parole and has served at least 15 years of that sentence, to petition the court for a resentencing, unless the defendant has done any of the following (Secs. 1 & 2):

The defendant has a history of violence or felonies;

The defendant tortured his victim; or

The defendant’s victim is a public safety or law enforcement employee, such as a firefighter or police officer.

Authorizes the court to reduce the sentence, for certain juvenile offenders, from a life sentence without the possibility of parole to a sentence of 25 years to life (Secs. 1 & 2).

Requires a defendant to submit a statement to the court that includes the following (Secs. 1 & 2):

The defendant was under the age of 18 when the crime was committed and was sentenced to life in prison without the possibility of parole;

The defendant’s description of his or her remorse;

The defendant’s description of work towards rehabilitation; and

Proof that one of the following is true:

The defendant was convicted for a felony murder or for aiding and abetting a murder;

The defendant does not have juvenile felony charges for assault or other felony crimes that had significant potential for harming victims;

The defendant committed the crime with at least one adult co-defendant; or

The defendant performed acts that indicate rehabilitation or potential for rehabilitation.

Authorizes the court to consider any criteria deemed relevant for a recall or resentencing including, but not limited to, the following (Secs. 1 & 2):

The defendant had insufficient adult support or supervision, suffered psychological trauma, or was under significant stress prior to the offence;

The defendant has cognitive limitations, mental disabilities, or other factors that may have influenced the defendant’s involvement in the offense; or

The defendant has a behavioral history and has undertaken actions that indicate potential for rehabilitation.

Vote Result

Yea Votes

Nay Votes

Vote Smart's Synopsis:

Vote to pass a bill that authorizes sentence reconsideration for certain juvenile offenders.

Highlights:

Authorizes a defendant, who was under 18 years of age when sentenced to life in prison without the possibility of parole and has served at least 15 years of that sentence, to petition the court for a resentencing, unless the defendant has done any of the following (Secs. 1 & 2):

The defendant has a history of violence or felonies;

The defendant tortured his victim; or

The defendant’s victim is a public safety or law enforcement employee, such as a firefighter or police officer.

Authorizes the court to reduce the sentence, for certain juvenile offenders, from a life sentence without the possibility of parole to a sentence of 25 years to life (Secs. 1 & 2).

Requires a defendant to submit a statement to the court that includes the following (Secs. 1 & 2):

The defendant was under the age of 18 when the crime was committed and was sentenced to life in prison without the possibility of parole;

The defendant’s description of his or her remorse;

The defendant’s description of work towards rehabilitation; and

Proof that one of the following is true:

The defendant was convicted for a felony murder or for aiding and abetting a murder;

The defendant does not have juvenile felony charges for assault or other felony crimes that had significant potential for harming victims;

The defendant committed the crime with at least one adult co-defendant; or

The defendant performed acts that indicate rehabilitation or potential for rehabilitation.

Authorizes the court to consider any criteria deemed relevant for a recall or resentencing including, but not limited to, the following (Secs. 1 & 2):

The defendant had insufficient adult support or supervision, suffered psychological trauma, or was under significant stress prior to the offence;

The defendant has cognitive limitations, mental disabilities, or other factors that may have influenced the defendant’s involvement in the offense; or

The defendant has a behavioral history and has undertaken actions that indicate potential for rehabilitation.